The Heritage School in Tustin, located on the former Marine Corps Air Station, was supposed to open in the fall with elementary school pupils, but since there are only 78 pupils in that age range living in the area, the Tustin Unified School District decided to move its continuation and adult education program to the site.

Workers construct the administration building on the $12 million Heritage School in this photo from August 2010.

Tustin residents, teachers and dignitaries attended the dedication and community Open House of the Tustin High School Science Center in November.

Construction is under way on a 10-acre plot for Tustin's Heritage School in Tustin, in this file photo from August 2010.

Construction was under way in August 2010 on Heritage School near Valencia and Red Hill in Tustin.

Tustin residents, teachers and dignitaries attended the dedication and community Open House of the Tustin High School Science Center in November. The two-story facility features 15 classrooms, including biology, chemistry and physics labs; earth science and physical science classrooms, as well as restrooms, storage and prep rooms.

Tustin High School students stand as Principal Jonathan Blackmore speaks during a groundbreaking ceremony for the school's new quad, in this file photo from June 2009.

A rendering shows the new $12 million science center at Tustin High School. A public dedication and open house was held in October.

Tustin High School Principal Jonathan Blackmore points out uneven pavement in the school's quad area that will be repaired with Measure G money in this file photo from 2008.

Measure G money was used to repair cracks in the quad area of Tustin High School. The school hopes Measure L will continue funding more improvements. This 2008 file photo shows a crack in the ground at the campus.

The jazz band provided the entertainment for the attendees during the opening celebration of the Science Center at Tustin High School in November.

Tustin residents, teachers and dignitaries attended the dedication and community Open House of the Tustin High School Science Center in November.

Tustin residents, teachers and dignitaries attended the dedication and community Open House of the Tustin High School Science Center in November 2011. The two-story facility features 15 classrooms, including biology, chemistry, and physics labs; earth science and physical science classrooms, as well as restrooms, storage and prep rooms.

This 2010 file photo shows construction under way on the administration building for the Heritage School in Tustin.

The multipurpose building at the new Heritage School located on the former Marine Corps Air Station in Tustin.

Mary Jane Reta explores one of the science classrooms during the Tustin Science Center dedication and open house in November.

Worker Jorge Martinez hammers away on the $12 million Heritage School's administration building in this photo from August 2010.

The administration building at the new Heritage School in Tustin, located on the former Marine Corps Air Station.

Tustin residents, teachers and dignitaries attended the dedication and community Open House of the Tustin High School Science Center in November.

Larry Roberson works atop the Heritage School's administration building in this photo from August 2010.

The new Heritage School in Tustin, located on the former Marine Corps Air Station, is being used as a temporary site for the district's continuation and adult education programs.

Land on the former Tustin Marine base is at the center of multiple lawsuits between the city and Tustin Unified that have dragged on for two years and frustrated residents and officials on both sides of the issue.

The lawsuits question the use of the 10-acre Heritage Elementary School on the former Marine base and the need for city grading permits for construction at Heritage Elementary and Tustin High School. The first two lawsuits are set to go to trial Tuesday.

City officials say they were speaking for residents of Tustin Legacy, a new development on the former base, and their property values when they filed the suit over the district’s plan to use Heritage School temporarily as an adult education and district office site.

District officials say the move was necessary while construction is under way on continuation and adult school campuses, and at the district office.

Proponents of Tustin Unified have alleged racism in the city’s lawsuit over the temporary move to Heritage Elementary.

The city claims that students living at Tustin Legacy are “forced to attend overcrowded elementary schools in other neighborhoods further away from their homes. … These schools serve predominately minority populations.”

“If you look in Tustin, most schools have predominately minority students,” Gallagher said.

Tustin Councilman Jerry Amante disputed the claims of racism.

“(To) claim that because we want children to go to schools closest to where they live is somehow racist is really the height of hypocrisy,” Amante said. “They ought to be ashamed of themselves for making such claims.”

The city countersued in March 2010, asking a judge to stop construction at both schools. City officials said grading permits were needed to ensure water runoff during construction wouldn’t pollute storm drains.

In January, Ocean View School District sued Huntington Beach over environmental review of a mixed-use development project at Beach Boulevard and Warner Avenue. The district said it would cost millions to accommodate an increase in students at already-crowded schools. City staff members said project permits were at least a year away.

SETTLEMENT OPTION

Orange County Superior Court Judge John Gastelum has encouraged the city and Tustin Unified to try mediation.

“We didn’t get anywhere,” Abelove said.

Representatives for both sides have said their clients would like to settle, and blame the other for not coming to an agreement.

Can the two come to an agreement before the Tuesday court date?

“Not a snowball’s chance,” Amante said. “I don’t hold out much hope there’s going to be any settlement.”

Join the Conversation

We invite you to use our commenting platform to engage in insightful conversations about issues in our community. Although we do not pre-screen comments, we reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, or government request. We might permanently block any user who abuses these conditions.

If you see comments that you find offensive, please use the “Flag as Inappropriate” feature by hovering over the right side of the post, and pulling down on the arrow that appears. Or, contact our editors by emailing moderator@scng.com.